Orissa Court December 2008 Judgments
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Smt. Bishnu Priya Panda and anr. Vs. Braja Mohan Panda
Court: Orissa
Decided on: Dec-02-2008
Reported in: 2009(II)OLR966
ORDERA.S. Naidu, J.1. Heard.2. The petitioners have filed this petition under Section 24 read with Section 151 of the Code of Civil Procedure with a prayer to transfer MAT Case No. 4/2005 pending in the Court of Civil Judge (Sr. Division), Bhubaneswar to Judge, Family Court, Cuttack. It is submitted that the opp. party-husband was not taking care of petitioner No. 1-wife and petitioner No. 2-a minor child. A case has been filed under Section 125 of Cr.P.C. claiming maintenance before the Judge, Family Court, Cuttack which has been registered as CRPC No. 544/2004. As a counterblast, it is submitted, the opposite party-husband filed MAT Case No. 4/2005 for restitution of conjugal right in the Court of Civil Judge (Sr. Division), Bhubaneswar.3. Mr. Mahana, learned Counsel for the petitioners, submits that petitioner No. 1 is a young lady and petitioner No. 2 is her minor ailing son. It is stated that petitioner No. 1 has no house to stay at Bhubaneswar nor she has any male person to accom...
Lalbihari Basa Vs. Bijay Kumar Mahota
Court: Orissa
Decided on: Dec-02-2008
Reported in: 107(2009)CLT28
A.S. Naidu, J.1. The decision of the Learned Civil Judge (SD), Baripada dated 25th September, 2000 in T.A. No. 1/24 of 1998/96 confirming the decision of the Learned Civil Judge (JD), Baripada dated 12th February, 1996 in T.S. No. 48 of 1988 is assailed in this Second Appeal by Defendant No. 1 in the said suit.2. One Chandanmal Mahota, the predecessor-in-interest of the Respondents in this Second Appeal, had filed the aforesaid Title Suit before the Civil Judge (JD), Baripada as the sole Plaintiff seeking a decree of mandatory and prohibitory injunction against the Appellant Lalbihari Basa and his three sons, who were Defendants 1 to 4 respectively, for removing the structure raised by them in front of his land and other ancillary reliefs.The said suit was decreed on contest against the Appellant who was Defendant No. 1 and dismissed against his sons who were Defendants 2 to 4. The Appellant then preferred appeal which was registered as T.A. No. 1/24 of 1998/96 in the Court of the Lear...
Upendra Chandra Patnaik Vs. Soubhagini Mohnty
Court: Orissa
Decided on: Dec-02-2008
Reported in: 107(2009)CLT56; 2009(I)OLR428
A.S. Naidu, J.1. Respondent Soubhagini Mohanty had filed Title Suit No. 318 of 1994 in the Court of the Learned Civil Judge (SD), Bhubaneswar praying for a decree for recovery of arrears of maintenance from her husband Upendra Chandra Patnaik, the Appellant, amounting to Rs. 72,000.00 as also for regular maintenance from him at the rate of Rs. 2,000.00 per month.2. The averments made by her in the plaint reveal that she had married Upendra on 26th February, 1977 a Bhubaneswar. They led a blissful married life for some time, but thereafter due to torture on her, on demand of dowry by Upendra, she was compelled to leave her matrimonial house on 24th December, 1978.3. Intervention of the family members and well-wishers of the parties yielding no result, ultimately in the year 1983 Soubhagini filed Title Suit No. 209/83 before the then Subordinate Judge (now Civil Judge, Senior Division), Bhubaneswar under Section 13 of the Hindu Marriage Act seeking divorce. During pendency of the suit th...
Pitambar Panda Vs. Surendranath Panda and ors.
Court: Orissa
Decided on: Dec-01-2008
Reported in: 107(2009)CLT45; 2009(I)OLR247
B.S. Chauhan, C.J.1. Both these appeals have been filed against a common Judgment and Order Dated 22nd July, 2008 passed by the Learned Single Judge in O.J.C. No. 3648 of 1994 by which the Writ Petition filed by the Respondent No. 1 has been allowed setting aside the Judgment of the revisional as well as the Appellate authority under the Orissa Land Reforms Act, 1960 (hereinafter called 'the OLR Act').2. The facts and circumstances giving rise to both the appeals are that Respondent No. 1-Surendranath Panda had filed an O.L.R. Case No. 2377 of 1975 under Section 36-A of the OLR Act before the Court of Addl. Tahasildar, Puri. The said proceedings were concluded ex parte qua the landlord Sri Laxmidhar Panda, vide Judgment and Order Dated 29.04.1986. It was held therein that Surendranath Panda (Respondent No. 1) was a tenant (Bhag Chasi) under the landlord-Laxmidhar Panda (in W.A. No. 159 of 2008) and as he had not entered, appearance in spite of service of notice, vide Order Dated 20.12....
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